439.3110 Pregnancy release conditions for eligible persons reasonably believed to

272 words·~1 min read·/ky/439-3110

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

have a substance use disorder.

(1)As used in this section:

(a)"Eligible person" means a person who is:

1. A pregnant woman;

2. Reasonably believed by a court or the department to have a substance

use disorder;

3. Not charged or convicted of an offense that would qualify the person as

a violent offender under KRS 439.3401; and

4. Not charged or convicted of an offense under KRS Chapter 510, KRS

529.100 involving commercial sexual activity, KRS 530.020,

530.064(1)(a), 531.310, or 531.320; and

(b)"Pregnancy release conditions" means conditions of release set by a court or

the department for eligible persons which shall include:

1. Completing inpatient residential treatment for substance use disorders;

2. Not being charged with a new local, state, or federal misdemeanor or

felony offense;

3. If not yet sentenced, appearing for all required court appearances;

4. If not yet sentenced, avoiding all contact with any alleged victim and any

potential witness who may testify concerning the charge, unless or until

the court removes this condition; and

5. If not yet sentenced, maintaining a current address with the court.

(2)Notwithstanding any other statute to the contrary, when an eligible person is

charged or convicted of any violation of KRS Chapter 218A, the person shall be

released from custody upon her own recognizance so long as the person

successfully meets the pregnancy release conditions. If the pregnancy release

conditions are violated, the eligible person shall be returned to custody to await

sentencing or to serve the sentence for the original conviction under KRS Chapter

218A as well as the sentence for any subsequent charges or convictions, if any.